HBA-NLM H.J.R. 89 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 89
By: Chisum
County Affairs
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Ochiltree County Constable's Office was vacant until the November 6,
1984 election.  Since that election, three candidates have filed to run for
the constable position in the other three precincts, promising to hold the
office inactive and at no cost to the taxpayers.  Every candidate who has
filed for the office of constable on the promise of making the office
active has been rejected by the voters. As proposed, H.J.R. 89 requires the
submission to the voters of a constitutional amendment abolishing the
office of constable in Ochiltree County.  In addition, H.J.R. 89 transfers
the functions of the office to the county sheriff.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Section 18, Article V, Texas Constitution, by amending
Subsection (a) and adding Subsection (h), as follows: 

(a) Deletes the exception provided by Subsection (e) of this section.

(h) Provides that the office of constable in Ochiltree County is abolished.
Transfers the functions of the office to the county sheriff.  Provides that
the office of constable is abolished under this subsection only if, at the
statewide election at which the constitutional amendment providing for the
abolition of the office in Ochiltree County is submitted to the voters, a
majority of the voters of the county voting on the question at that
election favor the amendment. 

SECTION 2.  TEMPORARY PROVISION.  Provides that the abolition of the office
of constable in Ochiltree County under the constitutional amendment
proposed by the 76th Legislature, Regular Session, 1999, providing for the
abolition of the office in that county takes effect January 1, 2000, if the
conditions of Section 18(h), Article V, as added by that constitutional
amendment, are met. Provides that this provision expires January 2, 2000. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.